William Edward Franks v. United States

This appellant was indicted for a violation of the Universal Military Training and Service Act, 50 U.S.C.A.Appendix, § 451 et seq., in that he knowingly refused to submit himself to induction into the armed forces of the United States. Upon this appeal he asserts that the board which classified him for military service acted arbitrarily; that there was no basis in fact for his I-A classification, and that in general he owed no duty to submit to induction in that his draft classification was void.

The appellant registered with his local board on April 27, 1950, the day following his 18th birthday. By executing the blank form provided for conscientious objectors he asked to be classified in what was formerly known as Class IV-E and subsequently as Class I-O, — Person conscientiously opposed to both combatant and noncombatant training and service in the armed forces. His local board first classified him in Class I-A (available for military service), whereupon he requested and was granted a personal appearance before the board. He was again classified I-A and appealed to the appeal board. In due course his file was forwarded to the Department of Justice for an investigation and he…